Swedish prosecutors have effectively legalised the display and use of the Islamic State (ISIS) battle flag by refusing to prosecute a Muslim male who used an image of it as his Facebook profile.

An unidentified 23-year-old was the subject of a complaint to police after he set an image of the ISIS flag as his profile picture. Swedish police passed the case onto the prosecutor who after deliberation decided to not pursue it.

Whether the Islamic State flag is a symbol of hatred akin to the German National Socialist Swastika has never been tried in court — and may now never be after the decision by prosecutor Gisela Sjövall.

The decision rests upon the wording of Swedish law, which is designed to protect minorities from racial or other hatred. Because Ms. Sjövall believes the Islamic State hates everyone, no particular minority group has been offended and therefore no offence has been committed.